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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Civil Remedies for Nonconsensual
5Dissemination of Private Sexual Images Act is amended by
6changing Sections 5, 10, 15, and 25 as follows:
7    (740 ILCS 190/5)
8    Sec. 5. Definitions. As used in this Act:
9    (1) "Child" means an unemancipated individual who is less
10than 18 years of age.
11    (2) "Consent" means affirmative, conscious, and voluntary
12authorization by an individual with legal capacity to give
14    (3) "Depicted individual" means an individual whose body
15is shown, in whole or in part, in a private sexual image.
16    (4) "Dissemination" or "disseminate" means publication or
17distribution to another person with intent to disclose.
18    (5) "Harm" means physical harm, economic harm, or
19emotional distress whether or not accompanied by physical or
20economic harm.
21    (6) "Identifiable" means recognizable by a person other
22than the depicted individual:
23        (A) from a private sexual image itself; or



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1        (B) from a private sexual image and identifying
2    characteristic displayed in connection with the image.
3    (7) "Identifying characteristic" means information that
4may be used to identify a depicted individual.
5    (8) "Individual" means a human being.
6    (9) "Parent" means an individual recognized as a parent
7under laws of this State.
8    (10) "Private" means:
9        (A) created or obtained under circumstances in which a
10    depicted individual had a reasonable expectation of
11    privacy; or
12        (B) made accessible through theft, bribery, extortion,
13    fraud, voyeurism, or exceeding authorized access to an
14    account, message, file, device, resource, or property.
15    (11) "Person" means an individual, business or nonprofit
16entity, public corporation, government or governmental
17subdivision, agency, or other legal entity.
18    (12) "Sexual conduct" includes:
19        (A) masturbation;
20        (B) genital sex, anal sex, oral sex, or sexual
21    activity; or
22        (C) sexual penetration of or with an object.
23    (13) "Sexual activity" means any:
24        (A) knowing touching or fondling by the depicted
25    individual or another person, either directly or through
26    clothing, of the sex organs, anus, or breast of the



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1    depicted individual or another person for the purpose of
2    sexual gratification or arousal;
3        (B) transfer or transmission of semen upon any part of
4    the clothed or unclothed body of the depicted individual,
5    for the purpose of sexual gratification or arousal of the
6    depicted individual or another person;
7        (C) act of urination within a sexual context;
8        (D) bondage, fetish, sadism, or masochism;
9        (E) sadomasochistic abuse in any sexual context; or
10        (F) animal-related sexual activity.
11    (14) "Sexual image" means a photograph, film, videotape,
12digital recording, or other similar medium that shows or
13falsely appears to show:
14        (A) the fully unclothed, partially unclothed, or
15    transparently clothed genitals, pubic area, anus, or
16    female post-pubescent nipple, partially or fully exposed,
17    of a depicted individual; or
18        (B) a depicted individual engaging in or being
19    subjected to sexual conduct or activity.
20(Source: P.A. 101-556, eff. 1-1-20.)
21    (740 ILCS 190/10)
22    Sec. 10. Civil action.
23    (a) Except as otherwise provided in Section 15, if a
24depicted individual is identifiable to a reasonable person and
25suffers harm from the intentional dissemination or threatened



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1dissemination by a person over the age of 18 of a private or
2intentionally digitally altered sexual image without the
3depicted individual's consent, the depicted individual has a
4cause of action against the person if the person knew or
5recklessly disregarded the possibility that:
6        (1) the depicted individual did not consent to the
7    dissemination;
8        (2) the image was a private or intentionally digitally
9    altered sexual image; and
10        (3) the depicted individual was identifiable.
11    (b) The following conduct by a depicted individual does
12not establish by itself that the individual consented to the
13nonconsensual dissemination of a private sexual image that is
14the subject of an action under this Act or that the individual
15lacked a reasonable expectation of privacy:
16        (1) consent to creation of the image; or
17        (2) previous consensual disclosure of the image.
18    (c) In the case of digitally altered sexual images,
19disclosing that the images were digitally altered shall not be
20a defense to liability. Nothing in this Act shall be construed
21to impose liability on an interactive computer service, as
22defined in 47 U.S.C. 230(f)(2), for content provided by
23another person.
24(Source: P.A. 101-556, eff. 1-1-20.)
25    (740 ILCS 190/15)



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1    Sec. 15. Exceptions to liability.
2    (a) A person is not liable under this Act if the person
3proves that the dissemination of or a threat to disseminate a
4private sexual image was:
5        (1) made in good faith:
6            (A) by law enforcement;
7            (B) in a legal proceeding; or
8            (C) for medical education or treatment;
9        (2) made in good faith in the reporting or
10    investigation of:
11            (A) unlawful conduct; or
12            (B) unsolicited and unwelcome conduct; or
13        (3) related to a matter of public concern.
14    (b) Subject to subsection (c), a defendant who is a
15parent, legal guardian, or individual with legal custody of a
16child is not liable under this Act for a dissemination or
17threatened dissemination of an intimate private sexual image
18of the child.
19    (c) If a defendant asserts an exception to liability under
20subsection (b), the exception does not apply if the plaintiff
21proves the disclosure was:
22        (1) prohibited by a law other than this Act; or
23        (2) made for the purpose of sexual arousal, sexual
24    gratification, humiliation, degradation, or monetary or
25    commercial gain.
26    (d) The dissemination of or a threat to disseminate a



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1private sexual image is not a matter of public concern solely
2because the depicted individual is a public figure or the
3image is accompanied by a political message.
4(Source: P.A. 101-556, eff. 1-1-20.)
5    (740 ILCS 190/25)
6    Sec. 25. Remedies.
7    (a) In an action under this Act, a prevailing plaintiff
8may recover:
9        (1) the greater of:
10            (A) economic and noneconomic damages proximately
11        caused by the defendant's dissemination or threatened
12        dissemination, including damages for emotional
13        distress whether or not accompanied by other damages;
14        or
15            (B) statutory damages, not to exceed $10,000,
16        against each defendant found liable under this Act for
17        all disseminations and threatened disseminations by
18        the defendant of which the plaintiff knew or
19        reasonably should have known when filing the action or
20        that became known during the pendency of the action.
21        In determining the amount of statutory damages under
22        this subsection, consideration shall be given to the
23        age of the parties at the time of the disseminations or
24        threatened disseminations, the number of
25        disseminations or threatened disseminations made by



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1        the defendant, the breadth of distribution of the
2        image by the defendant, and other exacerbating or
3        mitigating factors;
4        (2) an amount equal to any monetary gain made by the
5    defendant from dissemination of the private sexual image;
6    and
7        (3) punitive damages.
8    (b) In an action under this Act, the court may award a
9prevailing plaintiff:
10        (1) reasonable attorney's fees and costs; and
11        (2) additional relief, including equitable injunctive
12    relief such as a temporary restraining order, preliminary
13    injunction, or permanent injunction ordering the defendant
14    to cease the display or disclosure of the image.
15    (c) This Act does not affect a right or remedy available
16under any other law of this State.
17(Source: P.A. 101-556, eff. 1-1-20.)